Bill Text: CA AB281 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Citrus disease prevention: California Citrus Pest and

Spectrum: Bipartisan Bill

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 426, Statutes of 2009. [AB281 Detail]

Download: California-2009-AB281-Amended.html

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BILL NUMBER: AB 281	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 26, 2009
	AMENDED IN SENATE  AUGUST 18, 2009
	AMENDED IN SENATE  JUNE 26, 2009
	AMENDED IN ASSEMBLY  MAY 4, 2009
	AMENDED IN ASSEMBLY  APRIL 23, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member De Leon
   (Coauthor: Assembly Member Conway)

                        FEBRUARY 12, 2009

   An act to add Article 2 (commencing with Section 5911) to Chapter
9 of Part 1 of Division 4 of the Food and Agricultural Code, relating
to agriculture.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 281, as amended, De Leon. Citrus disease prevention: California
Citrus Pest and Disease Prevention Committee.
   Existing law generally provides for the eradication of pests that
threaten this state's agriculture. Existing law provides that there
is in the Department of Food and Agriculture the California Citrus
Advisory Committee, comprised as specified. The committee is required
to develop and make recommendations to the Secretary of Food and
Agriculture on all matters regarding the implementation of an
inspection program, as provided.
   This bill would create in the Department of Food and Agriculture
the California Citrus Pest and Disease Prevention Committee, which
would consist of 17 members (14 producers in the citrus fruit
industry, 2 citrus nursery operators, and one public member) to be
appointed by the Secretary of Food and Agriculture, as specified. The
bill would set out the powers and duties of the committee,
including, among others, the authority to develop, subject to the
approval of the secretary, a statewide citrus specific pest and
disease work plan that includes informational programs to educate and
train residential owners of citrus fruit, local communities, groups,
and individuals on the prevention of pests, and diseases and their
vectors, specific to citrus and programs for surveying, detecting,
analyzing, and treating citrus pests and diseases. The bill would
provide for a monthly assessment, as provided and for specified
related purposes, to be paid by producers, as defined and except as
provided, and remitted to the department and deposited into the
Citrus Disease Management Account, which the bill would create in the
Department of Food and Agriculture Fund. The bill would provide for
a referendum voting procedure regarding the continued operation of
these provisions.
   Because this bill would impose assessment requirements on
producers and handlers of citrus fruit, the violation of which would
be a misdemeanor under other provisions of existing law, this bill
would create a new crime, thereby imposing a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 2 (commencing with Section 5911) is added to
Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code,
to read:

      Article 2.  Citrus Disease Prevention


   5911.  (a) The Legislature hereby finds and declares that the
citrus killing diseases, Huanglongbing, citrus leprosis, citrus
variegated chlorosis, and citrus canker, and the associated vectors
present a clear and present danger to California's citrus industry,
as well as to other commodities and plant life.
   (b) This article is intended to establish an industry-funded
program to assist in combating  pests, and diseases and their
vectors, specific to citrus   citrus specific diseases,
vectors, and pests  when found in California.
   (c) This article is not intended to create new mandates or
circumvent state and federal authority on citrus or other
agricultural commodities.
   (d) This article is not intended to establish a precedent, or to
supersede or supplant in any way federal, state, or local government
funding of efforts to combat citrus diseases and other pests in this
state.
   (e) The prevention and management of citrus diseases is a matter
of public interest. The provisions of this article are enacted for
the protection of the  citrus  industry and in the exercise
of the police power of the state for the purpose of protecting the
health, peace, safety, and general welfare of the people of this
state.
   (f) The Legislature finds and declares that the California citrus
industry creates one billion eight hundred million dollars
($1,800,000,000) in citrus fruit, another one billion two hundred
million dollars ($1,200,000,000) in economic activity, and employs an
estimated 25,000 people in the state.
   5912.  Unless the context otherwise requires, the following
definitions shall govern the construction of this article:
   (a) "Carton" means a unit equivalent to 40 pounds of citrus fruit.

   (b) "Citrus" means "citrous" and any plants of the genera Citrus,
Fortunella, Poncirus, and all hybrids having one or more of such as
parents.
   (c) "Citrus disease" includes any infectious, transmissible, or
contagious disease or vector infesting citrus trees.
   (d) "Committee" means the California Citrus Pest and Disease
Prevention Committee.
   (e) "Department" means the Department of Food and Agriculture.
   (f) "Districts," except as otherwise provided in Section 5914,
consist of the following geographical areas:
   (1) The Southern District consists of all growing areas in San
Bernardino County and all other areas to the south, west, and east of
San Bernardino County that are not included in any other district.
   (2) The Coastal District consists of all growing areas in the
Counties of Monterey, San Luis Obispo, Santa Barbara, and Ventura.
   (3) The Kern District consists of all growing areas in Kern
County.
   (4) The Tulare District consists of all growing areas in Tulare
County.
   (5) The Northern District consists of all growing areas in Fresno
County and all other areas to the north that are not included in any
other district.
   (g) "Handler" means a person or entity who receives citrus fruit
from a producer and who prepares the citrus fruit for fresh market.
   (h) "Marketing season" begins October 1 of each year and ends
September 30 of the next year.
   (i) "Person" means a producer, handler, or any other entity that
holds title to citrus fruit subject to assessment  pursuant to
this article  .
   (j) "Producer" means any person in this state who is a grower of
citrus fruit, but does not include a citrus nursery.
   (k) "Secretary" means the Secretary of Food and Agriculture.
   (l) "Specific to citrus" means of exclusive or principal concern
to citrus as opposed to other commodities. 
   (m) "Technical Advisory Committee" means the committee in
existence at the effective date of this article, or its successor,
that is responsible for developing and approving the citrus tristeza
virus effective plan for the Central California Tristeza Eradication
Agency. 
   5913.  (a) There is hereby created the Citrus Disease Management
Account in the Department of Food and Agriculture Fund.
   (b) The Citrus Disease Management Account shall consist of money
from federal, industry, and other non-General Fund sources. Money
from federal, industry, and other non-General Fund sources shall be
available upon appropriation by the Legislature for the sole purpose
of combating citrus specific pests, diseases, and their vectors.
   5914.  (a) There is hereby created in the department the
California Citrus Pest and Disease Prevention Committee.
   (b) The committee shall be composed of 17 members. Fourteen
producer representatives shall be appointed by the secretary from
nominations received from each district. District representation
shall be determined by the secretary on a proportional basis equal to
the production history of each district for the previous two years.
The secretary shall also strive to appoint producers representing the
different varieties of citrus fruit produced in California.
   (c) One member shall be a public member, appointed by the
secretary from the nominees recommended by the committee.
   (d) Two members shall be citrus nursery operators, one
representing northern California, defined as counties in the San
Joaquin Valley and north but not including counties on the coast who
shall be represented by a southern California designee, and one
representing southern California, appointed by the secretary from the
nominees recommended by the committee.
   (e) (1) The initial members of the committee shall be appointed
within 30 days of the enactment of this article. The members shall
serve staggered terms. The terms of the members of the committee
shall expire as follows:
   (A) Two members on September 30, 2010.
   (B) Five members on September 30, 2011.
   (C) Five members on September 30, 2012.
   (D) Five members on September 30, 2013.
   (2) The members of the committee shall allocate the initial terms
among themselves by lot or other method.
   (f) Appointments to the committee shall be for terms of 
five   four  years. Vacancies shall be immediately
filled by the secretary based on recommendations from the committee
for the unexpired portion of the terms in which they occur.
   (g) The secretary and other appropriate individuals, 
including, but not limited to,   county agricultural
commissioners, pest control advisors, and representatives of the
University of California and California State University systems,
 as determined by the secretary, in consultation with the
committee, shall be nonvoting ex officio members of the committee.
   (h) Committee members may be compensated for reasonable expenses
actually incurred in the performance of their duties, as determined
by the secretary after consultation with the committee.
   (i) The committee shall meet at the request of the secretary, the
committee chairperson, or upon the request of three committee
members.
   (j) The committee shall appoint a chairperson, one or more vice
chairpersons, and any other officers it deems necessary.
   (k) The Legislature finds and declares that persons appointed to
the committee are intended to represent and further the interests of
the citrus industry, and that this representation and furtherance is
intended to serve the public interest. Accordingly, the Legislature
finds that, with respect to persons who are appointed to the
committee, the citrus industry is tantamount to, and constitutes, the
public generally within the meaning of Section 87103 of the
Government Code.
   5915.  (a) The powers and duties of the committee are limited to
activities involving the producers of citrus fruit and residential
owners of citrus fruit or other host material.
   (b) The committee may do all of the following:
   (1) Develop, subject to the approval of the secretary, a statewide
citrus specific pest and disease work plan that includes, but is not
limited to, the following:
   (A) Informational programs to educate and train residential owners
of citrus fruit, local communities, groups, and individuals on the
prevention of pests, and diseases and their vectors, specific to
citrus.
   (B) Programs for  the  surveying, detecting,
analyzing, and treating pests and diseases specific to citrus
involving producers of citrus fruit and residential owners of citrus
fruit  and host materials, except as provided in Section 5930
 .
   (2) Submit recommendations to the secretary on, but not limited
to, the following:
   (A) Annual assessment rate.
   (B) Annual budget.
   (C) Expenditures necessary to implement the statewide work plan
developed pursuant to this section.
   (D) The amount of fees to be levied, as provided in Section 5919.
   (E) The receipt of money from other sources to pay any obligation
of the committee and to accomplish the purposes of the committee in
the manner provided in this article.
   (3) Recommend to the secretary the adoption of regulations
consistent with the powers and duties of the committee.
   (c) The committee shall not engage in any activity deemed by the
secretary to be contradictory to any eradication program or
quarantine implemented to combat citrus specific pests, diseases, or
related vectors.
   (d) For any program or activity occurring pursuant to this
section, the department shall be the lead agency, unless an agreement
is reached between the committee and the secretary to authorize
another agency within the state or local government to act as lead
for specific activities.
   5916.  (a) Upon receipt of a recommendation from the committee for
the adoption of regulations, the secretary shall do one of the
following within 30 working days:
   (1) Initiate the rulemaking process to adopt the recommendation of
the committee.
   (2) Decline to initiate the rulemaking process and provide the
committee with a written statement of reasons for the decision.
   (3) Request the committee to provide additional information
regarding the recommended regulations.
   (b) All regulations adopted pursuant to this article shall be
adopted in compliance with the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code), and may be subsequently repealed or
amended as provided for in that act.
   5917.  No member or agent of the committee shall be personally
liable for the actions of the committee or the department. No member
or agent of the committee is responsible individually in any way to
any other person for errors in judgment, mistakes, or other acts, by
either commission or omission, as a principal, agent, or employee
except for his or her own individual acts of dishonesty or crime. No
member or agent of the committee is responsible individually for an
act or omission of any other member or agent of the committee or the
department. Liability is several and not joint, and no member or
agent of the committee is liable for the default of any other member
or agent of the committee or the department.
   5918.  The committee shall reimburse the secretary for all
expenditures incurred by the secretary in carrying out his or her
duties and responsibilities pursuant to this article, including the
costs of implementing and administering the administrative,
enforcement, and regulatory recommendations of the statewide work
plan developed by the committee.
   5919.  (a) During the first marketing season, beginning February
1, 2010, and ending September 30, 2010, the monthly assessment to be
paid by producers shall be one cent ($0.01) per carton. Thereafter,
in addition to any other assessments, fees, or charges that may be
required pursuant to this code, producers shall pay a monthly
assessment established by the committee that shall not exceed nine
cents ($0.09) per carton. The assessment shall be:
   (1) Based on the number of 40-pound carton equivalents produced.
   (2) Collected from the producer by the first handler. If a
producer prepares the citrus fruit for market, the producer shall be
deemed the handler.
   (3) Remitted to the department by the first handler, along with an
assessment report, at the end of each month during the marketing
season.
   (4) Deposited in the Citrus Disease Management Account in the
Department of Food and Agriculture Fund or, upon the recommendation
of the committee, deposited in accordance with Section 227 or Article
2.5 (commencing with Section 230) of Chapter 2 of Part 1 of Division
1. The use of the funds deposited in the Citrus Disease Management
Account shall be limited to the activities authorized by this
article.
   (b) A producer producing less than 750 40-pound carton equivalents
shall not be required to remit the assessment provided in
subdivision (a).
   (c) The committee may recommend to the secretary an assessment
less than the amount specified in subdivision (a) or no assessment if
no disease prevention program is necessary or if there is sufficient
reserve to operate the program  , except as provided in Section
5930  .
   5920.  (a) Upon establishment of a disease prevention program, any
handler who does not file the required monthly assessment report and
assessments by the 10th day of the month following the month for
which the assessment is payable shall pay a penalty of 10 percent of
the assessment owed and, in addition, 11/2 percent interest per month
on the unpaid balance.
   (b) Upon establishment of a disease prevention program, it shall
be unlawful for any handler to refuse to collect the assessments or
remit the assessments and the proper reports required by this
article.
   (c) A handler shall not charge a producer an administrative fee
for collecting or remitting an assessment.
   (d) A producer who disputes the amount of the assessment may file
a claim with the secretary. The producer shall prove his or her claim
by a preponderance of the evidence.
   (e) A producer may not bring any claim against a handler for
damages, or otherwise, in connection with the assessment or the
required deduction by the handler of the moneys owed to the producer
as provided in this article.
   5921.  No later than June 30, 2013, the secretary shall hold one
or more public hearings to determine whether the operation of this
article should be continued. Thereafter, the secretary shall conduct
the review process every four years.
   5922.  (a) If the secretary finds after the hearing that a
substantial question of opposition exists among affected 
payers   producers under this article regarding
whether the operation of this article should be continued, the
secretary shall submit the article for approval utilizing the
following voting procedures set forth in this section and Sections
5923 to  5928   5927  , inclusive. As used
in this subdivision, "substantial question of opposition" means
opposition to the substance of the petition among currently affected
 assessment payers   producers  , and is
not intended to mean a particular number of  assessment
payers   producers  .
   (b) Within 90 days of the secretary determining the requirement
for referendum has been met, the secretary shall establish a list of
persons eligible to vote on the continued implementation of this
article.
   (c) Eligibility shall be limited to  persons 
 producers  who paid the assessment on citrus fruit in the
immediately preceding marketing season.
   (d) (1) In establishing the list, the secretary may require
handlers, producers, and others to submit the names, mailing
addresses, and assessment values of all producers who paid the
assessment on citrus fruit in the immediately preceding marketing
season.
   (2) The information required by the secretary shall be filed
either with the monthly assessment form or no later than 30 days
following receipt of a written notice from the secretary requesting
the information.
   (e) Any producer whose name does not appear on the secretary's
list may have his or her name added to the list by filing with the
secretary a signed statement identifying himself or herself as a
producer that paid an assessment during the most recent marketing
season.
   5923.  For the purpose of voting in the referendum required in
Section 5922, only a  person   producer 
required to pay the assessment pursuant to Section 5919 shall have
the right to vote.
   5924.  In determining whether this article shall become
inoperative, the secretary shall find that at least 40 percent of the
total number of  persons   producers from
the list established by the secretary participated in the referendum,
and that either one of the following occurred:
   (a) Fifty-five percent or more of the  persons 
 producers  who voted in the referendum voted in favor of
this article, and the  persons   producers 
who voted paid a majority of the assessment dollars on citrus fruit
in the preceding marketing season that were paid by all the 
persons   producers  who voted in the referendum.
   (b) A majority of the  persons   producers
 who voted in the referendum voted in favor of this article, and
the  persons   producers  who voted paid
55 percent or more of the assessment dollars on citrus fruit in the
preceding marketing season that were paid by all the  persons
  producers  who voted in the referendum. 

   5925.  In determining whether the referendum is approved by
producers pursuant to the provisions of this article, the secretary
shall consider the vote in favor of the referendum of any nonprofit
agricultural cooperative marketing association, which is authorized
by its members so to assent, as being the assent, approval, or favor
of the producers that are members of, or stockholders in, that
nonprofit agricultural cooperative marketing association. 
    5926.   5925.   The secretary shall
establish a period in which to conduct the referendum that shall not
be less than 10 days nor more than 60 days in duration. The secretary
may prescribe additional procedures to conduct the referendum. If
the initial period established is less than 60 days, the secretary
may extend the period. However, the total referendum period may not
exceed 60 days.
    5927.   5926.   Nonreceipt of a ballot
shall not invalidate a referendum.
    5928.   5927.   (a) If the secretary
finds that a favorable vote has not been given as provided in this
article, this article shall become inoperative within one year of the
 referendum   end of the referendum period
 .
   (b) If the secretary finds that a favorable vote has been given as
provided in this article, he or she shall certify and give notice of
the favorable vote to all persons whose names and addresses may be
on file with the secretary as provided in Section 5922.
    5929.   5928.   Upon termination of
this article, and based upon a recommendation of the committee
subject to approval by the secretary, any collected assessments not
required to defray financial obligations incurred pursuant to this
article shall be returned on a pro rata basis to all persons from
whom assessments were collected during the marketing season
immediately preceding the date of termination or paid to any existing
state or federal program engaged in citrus specific pest and disease
prevention activities. The assessments refunded to handlers shall be
paid to producers if the assessment was previously deducted from
moneys owed to the producer by the handler. 
   5930.  No later than July 1, 2011, the committee, in consultation
with the department, shall enter into a memorandum of understanding
with citrus pest control districts responsible for funding citrus
tristeza virus prevention activities, pursuant to Part 5 (commencing
with Section 8401) of Division 4, for the purpose of funding the
implementation of the citrus tristeza virus effective plan. The
memorandum of understanding shall include, but not be limited to, the
following:
   (a) Language providing that the programs, protocols, and
implementation for the citrus tristeza virus effective plan will be
developed and approved by the Technical Advisory Committee, or its
successor, in consultation with the committee.
   (b) Provision for the funding required to implement the citrus
tristeza virus effective plan.  
   5931.  In the event the committee and the citrus pest control
districts do not agree on the terms of the memorandum of
understanding as prescribed in Section 5930, the citrus pest control
districts shall conduct an election to determine which entity shall
provide funding for the citrus tristeza virus effective plan. The
ballot shall ask landowners within the citrus pest control districts
to select either, (1) the California Citrus Disease Management
Committee and the Department of Food and Agriculture through the
Citrus Disease Management Account to fund the citrus tristeza virus
effective plan, or (2) the citrus pest control districts as the
funding entity of the citrus tristeza virus effective plan. 
    5930.   5940.   (a) The provisions of
this article are severable.
   (b) If any provision of this article or its application is held
invalid, that invalidity shall not affect other provisions or
applications that can be given effect without the invalid provision
or application.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.